22 Sentencing Principles

Question 1

What does the Judicial Indications of Sentence do?

Answer 1

Sets out detailed procedure for an application for indication of maximum sentence that would be passed if guilty plea

Question 2

True or False: Court should not give indication of sentence unless accused seeks it?

Answer 2

True

Question 3

What happens to Sentence indication where the sentence will vary depending on the plea?

Answer 3

The Judge has to give the indication of sentence after the plea

Question 4

Before giving indication, what must first happen?

If this does not happen, then what should happen?

Answer 4

Must be an agreed, written basis of

Judge should refuse to give indication

Question 5

What happens if accused does not plead guilty after reasonable opportunity to consider position in light of indication?

Answer 5

The indication ceases to have effect

Question 6

What happens once the indication is given?

On who is this change affecting?

Answer 6

It becomes binding on the judges responsible for the case

The Judge

Question 7

When does an indication cease to be binding?

Answer 7

When relevant guideline/authority/sentencing council say so

Question 8

True or False: Court may refuse or postpone indication without reason?

Answer 8

True

Question 9

True or False: Judges must give reason for refusing or postponing an indication of sentence?

Answer 9

False

Question 10

What may Judges do if they refuse or postpone an indication of sentence

Answer 10

Judges may give an explanation and indicate when they may be willing to give an indication

Question 11

True or False: if accused is refused an indication, that is it?

Answer 11

False. remains open to accused to make further requests at later stages

Question 12

True or False: Court can initiate an indication of sentence to accused?

Answer 12

False. Court should not initiate

Question 13

Who should normally start the process of seeking an indication of Sentence?

Answer 13

Defence

Question 14

True or False: Prosecution must start the process of seeking an indication of Sentence?

Why?

Answer 14

False. Defence normally starts the process of seeking an indication of Sentence

Question 15

What are the DO NOTs when it comes to indication of sentence?

Answer 15

The accused advocate should not seek indication w/o signed authority that accused wishes to seek it

Seek an indication while there is uncertainty between prosecution and defence about plea

Seek an indication from the court for levels of sentence which depend on possible different pleas

Question 16

What should the defence advocate ensure the client is aware of in terms of Sentence Indication?

Answer 16

Client should not plead guilty unless actually guilty

Any sentence indication remains subject to entitlement of A-G

Any indication given, relates only to the matters the indication was sought

Any indication given reflects the situation at the time when given and if guilty plea is not entered = indication ceases to have effect

Question 17

What do Sentence indications remain subject to?

Answer 17

Entitlement of A-G

Question 18

What happens if Guilty plea is not entered when indication is already given?

Answer 18

The indication ceases to have effect

Question 19

True or False: Once accused acquires indication, they can use it in all matters of their case? Why?

Answer 19

False. Indication given, relates only to the matters the indication was sought

Question 20

What must happen if accused agrees to the indication?

Answer 20

Must be in writing

Question 21

True or False: unrepresented parties cannot seek an indication of sentence?

Answer 21

False.

Question 22

What can unrepresented parties do in relation to indication of sentence?

Answer 22

The accused is still entitled to seek indication of sentence on his/her own initiative

Question 23

What should the court NOT take into account when considering reduction in sentence for guilty plea?

Answer 23

Strength of evidence against the Defendant

Question 24

Who hears a Newton Hearing?

Answer 24

The Judge only

Question 25

TRUE OR FALSE: A Newton hearing takes place in the presence of the jury?

Answer 25

False

Question 26

TRUE OR FALSE: Witnesses are normally called and questioned during a Newton Hearing?

Why?

Answer 26

True.

Prosecution and Defence will call any relevant evidence so witnesses can be called by both sides

Question 27

When is a Newton Hearing required?

Answer 27

If the dispute between the prosecution and defence is substantial

Question 28

TRUE OR FALSE: A Newton hearing must be held whenever there is any dispute as to the fats between the Prosecution and the defence?

Why?

Answer 28

False. only If the dispute between the prosecution and defence is substantial

Question 29

Under what circumstances will bail with curfew count as time served as part of the sentence imposed?

Answer 29

Where an offender has been remanded on bail subject to both a qualifying curfew condition and an electronic monitoring condition

Question 30

TRUE OR FALSE: Any time spent remanded in custody counts as time served as part of the sentence imposed?

Answer 30

True

Question 31

What is considered a ‘qualifying curfew’

Answer 31

curfew of more than 9 hours

Question 32

TRUE OR FALSE: A hearing for an indication of sentence should normally take place in chambers? Why?

Answer 32

False. Must take place in open court